timesjoke Posted January 17, 2008 Posted January 17, 2008 I complain about bad lawsuits, so I must give equal time to good ones: NEW YORK ? A construction worker claimed in a lawsuit that when he went to a hospital after being hit on the forehead by a falling wooden beam, emergency room staffers forcibly gave him a rectal examination. Brian Persaud, 38, says in court papers that after he denied a request by NewYork-Presbyterian Hospital emergency room employees to examine his rectum, he was "assaulted, battered and falsely imprisoned." His lawyer, Gerrard M. Marrone, said he and Persaud later learned the exam was one way of determining whether he had suffered spinal damage in the accident. Marrone said his client got eight stitches for a cut over his eyebrow. Then, Marrone said, emergency room staffers insisted on examining his rectum and held him down while he begged, "Please don't do that." He said Persaud hit a doctor while flailing around and staffers gave him an injection, which knocked him out, and performed the rectal exam. Persaud woke up handcuffed to a bed and with an oxygen tube down his throat, the lawyer said, and spent three days in a detention center. A request by the hospital to dismiss Persaud's lawsuit was denied by Justice Alice Schlesinger, who ordered a trial to start March 31. Hospital spokesman Bryan Dotson said, "While it would be inappropriate for us to comment on specifics of the case, we believe it is completely without merit and intend to contest it vigorously." Persaud's lawsuit, filed in Manhattan's state Supreme Court, seeks unspecified damages. A judge dismissed a misdemeanor assault charge against him. FOXNews.com - 'Please Don't Do That': Man Says Hospital Forced Rectal Exam - Local News | News Articles | National News | US News So let me get this straight. A man is hit in the head, he goes to the hospital and they want to inspect his rectum, he does not want the inspection so they decide to force the exam on him, he resists their force, and they knock him out and do it anyway. I cannot see how the hospital can defend their actions in this case. Even if the exam was a "very good" test to check for spinal damage, it is still this person's body and if they don't want the exam, they don't do the exam. They should have taken the time to fully explain the need for the exam to try and get his approval, not force him to comply with their wishes. Can anyone offer a good reason for the hospitals actions? 1 Quote
atlantic Posted January 17, 2008 Posted January 17, 2008 I complain about bad lawsuits, so I must give equal time to good ones: FOXNews.com - 'Please Don't Do That': Man Says Hospital Forced Rectal Exam - Local News | News Articles | National News | US News So let me get this straight. A man is hit in the head, he goes to the hospital and they want to inspect his rectum, he does not want the inspection so they decide to force the exam on him, he resists their force, and they knock him out and do it anyway. I cannot see how the hospital can defend their actions in this case. Even if the exam was a "very good" test to check for spinal damage, it is still this person's body and if they don't want the exam, they don't do the exam. They should have taken the time to fully explain the need for the exam to try and get his approval, not force him to comply with their wishes. Can anyone offer a good reason for the hospitals actions?No, I know quite a few nurses who work in Boston in some of the best hospitals, and they are scared to death of lawsuits nowadays, they do everything by the book. This seems like a violation of his rights. Quote Do the right thing!
snafu Posted January 17, 2008 Posted January 17, 2008 Well at least they could'a done was kiss him on the neck before they stuck the finger up his ass. No they should've made him sign a waver stating he didn't want the exam. The hospital has to check him out. If not and he dose have a spinal injury they could be sued for that too. Quote "You can't stop insane people from doing insane things by passing insane laws. That's just insane!" Penn & Teller NEVER FORGOTTEN
atlantic Posted January 17, 2008 Posted January 17, 2008 Well at least they could'a done was kiss him on the neck before they stuck the finger up his ass. No they should've made him sign a waver stating he didn't want the exam. The hospital has to check him out. If not and he dose have a spinal injury they could be sued for that too.Exactly, there was no mention of a waiver. Quote Do the right thing!
hugo Posted January 17, 2008 Posted January 17, 2008 Probably did not have insurance. Health care bums don't get much respect from health care workers. Quote The power to do good is also the power to do harm. - Milton Friedman "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." - James Madison
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